Judge Charles Pickering, Sr.

Circuit Court Nominee Profile

Charles Pickering has a record of hostility towards women's reproductive rights and towards civil rights in general. He has voted against funding for family planning programs, called for abortion to be outlawed, and has acted in direct opposition to obtaining equal rights for minorities. NCJW opposed Pickering's confirmation to the 5th Circuit Court of Appeals.

On December 9, 2004, Judge Charles Pickering retired from the 5th Circuit Court of Appeals and announced he would no longer seek Senate confirmation for his nomination. He had been installed in a recess appointment to this court by President Bush on January 16, 2004. A recess appointment does not require Senate confirmation and was valid until the next Congress takes office (January 2005). Senate Democrats had been filibustering Judge Pickering's confirmation because of his record of hostility towards women's reproductive rights and towards civil rights in general.

On October 30, 2003 the Senate voted 43-54 (3 senators did not vote) against cloture which would have ended the filibuster against the confirmation of Judge Pickering. A vote of 60 is required to end debate and move to a vote. This was the first cloture vote on this nominee.

Previously, on January 7, 2003, Pickering was renominated despite the rejection of his nomination on March 14, 2002 by the Senate Judiciary Committee. On October 2, 2003 the Senate Judiciary Committee voted 10-9 along party lines to approve the nomination despite the fact that the current committee failed to hold a hearing on it first. Judge Pickering has a record of hostility towards women's reproductive rights and towards civil rights in general. NCJW opposed Pickering's confirmation.

Press Releases

January 16, 2004NCJW Appalled by Recess Appointment of Charles Pickering

October 30, 2003NCJW Applauds Senate Rejection of Pickering

September 24, 2003NCJW Opposes Nomination of Judge Charles Pickering to the 5th Circuit Court of Appeals

January 7, 2003NCJW Expresses Grave Disappointment Over Renomination of Pickering and Owen

As a state legislator, Judge Pickering voted to call a constitutional convention to outlaw abortion.

Also during this time, Judge Pickering voted against state funding for family planning programs.

As chair of a 1976 Republican National Convention party platform subcommittee, he led the effort to add the first anti-abortion plank to the party's platform, denouncing Roe v. Wade and calling for it to be overturned.

Judge Pickering also opposed the Equal Rights Amendment.

Judge Pickering also has a troubling record regarding the civil rights of minorities.

In the 1970s, State Sen. Pickering twice voted for a reapportionment plan that would dilute the voting strength of blacks.

In 1993, federal district court Judge Pickering published an opinion questioning the "one person-one vote" doctrine as "obtrusive." He has criticized court-ordered redistricting designed to remedy racial discrimination, citing the expense to taxpayers and the disruption of customs such as voting along county or municipal lines.

In 1994, violating judicial ethics, Judge Pickering called the Justice Department to urge prosecutors to seek a light sentence for someone convicted in his court of burning a cross on the lawn of a mixed-race couple.

As a federal district court judge, Judge Pickering used identical language in two different job discrimination cases, stating that each of the plaintiffs' claims was "filed simply because an adverse employment decision was made in regard to a protected minority." In other words, Pickering accused the plaintiffs of taking advantage of their minority racial status.

Judge Pickering has said that cases reaching his court without being resolved by the US Equal Employment Opportunity Commission (EEOC) must be lacking in merit. In fact, due to budget constraints, EEOC has a backlog of 35,000 cases and can litigate only 3.5 percent of all the cases in which it has found reason to believe discrimination has occurred.